whosyourdaddy Posted June 19, 2003 Report Share Posted June 19, 2003 The police will not do anything since it is a civil contract case.. They can sue.. cost of a lawyer 40K Link to comment Share on other sites More sharing options...
samak Posted June 19, 2003 Report Share Posted June 19, 2003 i am not a lawyer, but from a legal point of view, that is not correct. the employer has made offences against labor protection laws; therefore it is theoretically a criminal case. any lawyer on the board? Link to comment Share on other sites More sharing options...
whosyourdaddy Posted June 19, 2003 Report Share Posted June 19, 2003 THIS IS WHAT THE POLICE TOLD ME AND A WESTERN EDUCATED LAWYER Link to comment Share on other sites More sharing options...
Guest Posted June 19, 2003 Report Share Posted June 19, 2003 Hmm, as a last resort I would be tempted to "undo" any construction peformed that was not paid for... Link to comment Share on other sites More sharing options...
pattaya127 Posted June 19, 2003 Report Share Posted June 19, 2003 A sure way not to get paid, and go to jail as well. It's Ok for moneyed people to take matters in their own hands, but for poor labourers, unless they start a revolution, only more bad luck. Link to comment Share on other sites More sharing options...
Straycat Posted June 19, 2003 Report Share Posted June 19, 2003 i am not a lawyer, but from a legal point of view, that is not correct. the employer has made offences against labor protection laws; therefore it is theoretically a criminal case. any lawyer on the board? Theoretically, yes and maybe Needless to say, it all depends on how the law is written in the field of Thai labor protection. My bet -- without knowing anything in this particular field -- would be that possible sanctions are of another kind than fines/jail terms stemming from criminal law. It's sort of a cornerstone in law worldwide to not criminalize non-fullfillment of contractual obligations. That's why the general public do not go to jail when they forget to pay the phone bill That is not to say that there aren't other possible ways to put some legal pressure on the employer in this case. Most likely the police is not the correct forum however (but one could always argue of course that it's a case of fraud). Link to comment Share on other sites More sharing options...
BelgianBoy Posted June 19, 2003 Report Share Posted June 19, 2003 Says Escape Rabbit: Hmm, as a last resort I would be tempted to "undo" any construction peformed that was not paid for... Hmmm...... dont think so, that would be destruction of property, a criminal offence......... Cheers ! Link to comment Share on other sites More sharing options...
New Petchburi Pete Posted June 20, 2003 Report Share Posted June 20, 2003 The same crap is happening to my father-in-law! He's been working for over a month without pay. He was told that he would not get paid today as promised ... now, he's staying with a friend waiting (hopefully) to get paid his 4000 Bhat for a month's hard labor ... about ten hours a day. Link to comment Share on other sites More sharing options...
khunsanuk Posted June 20, 2003 Author Report Share Posted June 20, 2003 Hi, WYD, you should know that there is no reason to shout. Sanuk! Link to comment Share on other sites More sharing options...
Bhat_Man Posted June 20, 2003 Report Share Posted June 20, 2003 KS You may want to research the Labour Protection Act B.E. 2541. Where an employer violates or fails to comply with those provisions that concern entitlement to any sum of money under this Act and the employee wishes to have a competent official proceed under this Act, the employee has the right to submit a complaint in the form prescribed by the Director-General to the labour inspector for the locality in which the employee works or in which the employer is domiciled. When a complaint is submitted, the labour inspector shall investigate the facts and issue an order within 60 days from the date when the complaint was received. Where necessity renders it impossible to issue an order within 60 days, the labour inspector shall request an extension of time from the Director-General or his delegate and provide reasons therefor. The Director-General or his delegate may grant permission as considered appropriate for a period not exceeding 30 days. The Complaint reaches its natural close when: - The employee renounces his rights to continue with the submission of the complaints. - The employer pays the money to the employee. Penalties As far as I am aware the Labour Protection Law in Thailand, like many Asian countries, carries a criminal penalty. An employer who violates or fails to comply with the provisions, shall be: - fined not exceeding 5,000 baht. - punished with a term of imprisonment not exceeding 1 year or a fine not exceeding 200,000 baht, or both. Hope that helps! Link to comment Share on other sites More sharing options...
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